I Do Not Like Employee Handbooks. I do not like them, Sam-I-Am.
When speaking with a client about other terms of employment that can be included in an employment contract, I always ask whether the organization has an Employee Handbook.
Wrongful Dismissal Update: Alleging Just Cause is a Legal Minefield
A recent case, Headley v. City of Toronto, 2019 ONSC 4496, shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.
Court of Appeal allows employee to withdraw seemingly clear resignation
wrongful dismissal As we have written before, to be valid, a resignation must be voluntary, clear and unequivocal. There are circumstances where employees are allowed to retract their resignation, and if an employer does not accept the retraction, the employer can be...Negotiating Changes to a Written Offer of Employment
This blog explains why you should carefully review a job offer before accepting it.
Workplace harassment provisions coming to the Canada Labour Code
Our last blog discussed new amendments to the Canada Labour Code (“the Code”) that came into force on September 1st. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence. The Code...Changes to the Canada Labour Code happening September 1, 2019
Federally regulated employers should be aware that various changes to the Canada Labour Code are set to be in place as of September 1st, 2019. As this date is quickly approaching, it is vital that employers familiarize themselves with these amendments and begin...Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist
Human Rights Earlier this year, a trial judge concluded that a 62 year Senior Vice President who was terminated after 37 years service was entitled to 30 months notice of termination. In fact, the judge stated he would have awarded a 36 month notice period if asked. ...Are Executives Entitled to Variable Compensation after being Terminated?
If your organization pays executives for performance and doesn’t want to pay an executive during the applicable notice period because they are not performing, consider having an employment lawyer review your plan first.